FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EXISTING LAW: The existing law recognizes six special memorial days: Native American Indian Heritage Week, Susan B. Anthony Day, Pearl Harbor and Military Appreciation Week, Vietnam Veteran Recognition Day, Purple Heart Recognition Day and Korean War Recognition Day

B. THIS BILL:.This bill would increase the existing list of special memorial days by adding a new subsection for the West Virginia Day of Prayer to be observed annually on the first Thursday in May. The date of West Virginia’s Day of Prayer would directly coincide with the National Day of Prayer, 36 U.S.C. §119. The purpose of this day is to allow people of West Virginia an opportunity to turn to God in prayer and meditation at churches, in groups, and as individuals. Like the other special memorial days mentioned in §2-2-1a, the Governor must issue an annual proclamation.

IV. COMMENTS

A. CONSTITUTIONAL ISSUES: In 2011, the constitutionality of the National Day of Prayer was upheld in Freedom From Religion Foundation, Inc. v. Obama, 641 F. 3d 803. The plaintiff challenged the statute violates the First Amendment’s Establishment Clause of the United States Constitution which prohibits the government from making any law “respecting an establishment of religion.” A U.S. District Judge found the statute to be unconstitutional as it is “an inherently religious exercise that serves no secular function.” However, a three judge panel of the Seventh Circuit Court of Appeals unanimously overturned that decision.

            B. GOVERNMENT AGENCIES AFFECTED:  All government agencies affected

            C. COMMITTEE REFERENCE: Judiciary

            D. TITLE ANALYSIS: The title appears to be within constitutional parameters.

            E. DRAFTING ISSUES OR OTHER COMMENTS: None.

            F. EFFECTIVE DATE: 90 days from passage.